Civil Liberties & Individual Rights Flashcards
(24 cards)
analysis of state action
state must sponsor, control, or direct the action for it to qualify
ex: NCAA is not a state actor even though it’s mostly governed by member public universities
*procedural due process analysis
(1) state action
(2) action has adverse effect on recognized liberty or property interest
(3) must be given notice and a meaningful opportunity to be heard
property interest must be
vested
employees may have a vested interest in their job if they have a reasonable expectation to maintain their job absent good cause: civil servants, tenured public university professors
what is a meaningful opportunity to be heard? consider factors:
(1) consider the type of deprivation;
(2) are common law safeguards enough to protect the right;
(3) is pre-deprivation hearing necessary to provide a check against substantial loss;
(4) has there been historical incidence of abuse of these rights?
rational basis test
law are presumed to be legitimate and rational
state identifies rational relationship between law and state interest
to fail, must have a complete, irrational lack of relationship between interest and law
carolene products footnote language
where discrete and insular minorities
where law impinges on fundamental right
apply strict scrutiny
strict scrutiny
compelling state interest
AND
narrowly tailored
examples of substantive due process rights
right to privacy right to abortion right to marry right to travel right to vote
hypo: restriction on voting
any severe restriction on the right to vote is subject to strict scrutiny
a reasonable non-discriminatory restriction on voting is allowable. state has reasonable interest in preventing voter confusion and unrestrained factionalism
hypo: campaign finance
government is allowed to restrict the amount that a person may contribute to a campaign
may not limit expenditure on own campaign
may not limit expenditures not coordinated with the campaign
hypo: burdening access to education
right to education is not a fundamental right
judged under rational relationship
however, no denial of education based on immigration status
equal protection analysis must include
classification. applying the test to laws that classify
equal protection analysis process
(1) does the law apply a suspect classification –> strict scrutiny
(2) does the law or classification burden a fundamental right –> strict scrutiny
(3) is the law entailing a quasi-suspect classification –> intermediate scrutiny
(4) if the law does not use a suspect classification or burden a fundamental righ –> rational basis
intermediate scrutiny
substantially related to an important government interests
how does a classification burden a fundamental right
a waiting period before you can exercise your right to vote
suspect classification possibilities
(1) facial classification
(2) discriminatory impact + intent to discriminate
affirmative action
(1) particularized historical discrimination that affirmative action is designed to cure
(2) plan must be temporary, particularized, and non-access barring
(3) a diverse student body is de jure a compelling state interest
state and local alienage
if a state or locality treats aliens differently because of alienage –> strict scrutiny
exception = under political function theory can bar aliens from police officer or state elected official
note: immigration law is a field preemption federal law area, and states may not do more or less than states
federal alienage laws
as long as reasonable they are allowed
regulations related to unlawfully present aliens
likely subject to rational basis review
quasi-suspect classifications
gender
subject to intermediate scrutiny
substantially related to an important government interest
note: if the law trades on sex stereotypes, gets intermediate scrutiny with bite
hypo: ordinance that says that if you were not a street vendor in the quarter as of 1960, not allowed to be street vendor.
survived rational basis test
rational basis applies
(1) when there is no suspect classification
(2) no fundamental right impinged
